How’s this for a nightmare? You’re getting a post-secondary education at a public college or grad school, doing well enough in your studies, in which you have invested years of your time and from which you have accumulated tens of thousands of dollars or more in student debt.

Then one day, out of the blue, you’re told your presence is urgently required in a university official’s office. There you’re informed you’ve been accused of a serious, but only vaguely described, offense against university rules, and will face a disciplinary hearing – and that could mean you’ll be suspended from school or even expelled.

This comes as a surprise and a shock to you; you’ve never been in any sort of trouble at school before. And, just as you have only a sketchy idea of the charges you may be facing, you have only the vaguest understanding of how the disciplinary hearing might work, or how to go about defending yourself, which of course you plan to do. After all, getting kicked out of school for misconduct could jeopardize not just your reputation, but also your ability to complete your education, pursue many professions or maybe even earn a living.

The bad news keeps coming: when you inquire about the disciplinary hearing, you may be told that you won’t be permitted to bring in an attorney to help you make your case and protect your rights. You may be told that an attorney may accompany you, but may only act as your advisor and can have no formal part in the hearing. And if you’re planning to confront your accusers, better think again: you may not be allowed to challenge their statements, or even question them.

You’re probably asking yourself: exactly who invented this fantasy, Orwell or Kafka? But how can this be, you ask; after all, if you had been arrested and faced a criminal charge, the 6th Amendment gives you the rights to have a lawyer defend you, to have the charges against you spelled out, and to face your accusers and cross-examine them.

But unless the school disciplinary hearing involves criminal charges, the school doesn’t have to give you the same rights there (even though what happens at the school hearing might be offered as evidence against you if you’re later charged with a crime, and a school hearing can have similarly drastic consequences for your reputation and career).

You only have limited Due Process rights in a higher education setting because courts have historically treated getting a college education as a privilege, not a right. They have been reluctant to interfere with college administrators’ supposed expertise in their realm, instead according them wide-ranging in loco parentis powers over their students.

In the landmark court decision Dixon v. Alabama State Board of Education, a federal appeals court in 1961 ruled constitutional due process prevented black students at a state college from being expelled without a stated reason (apparently they had taken part in an off-campus civil rights demonstration), and administrators could not impose arbitrary or unfair rules, like depriving them of the right to know the charges against them or to have a hearing.

Even so, that decision did not specify what type of hearing was required, saying that could vary with the case’s circumstances. It also was silent on whether a school could lawfully exclude lawyers, and added that it was not mandating “a full-dress judicial hearing, with the right to cross-examine witnesses.” The decision was also limited to colleges run by a government entity, providing no precedent for students in disciplinary hearings at private colleges and universities.

So that is where we are now. Public and private schools – some with the bare minimum, some with more protections – but even at schools with the greatest protections, the student will still not have rights close to those of a criminal defendant.

(The next article in this series will examine ways in which college disciplinary hearings can lack fairness and deprive students of basic rights).

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."